second dca

Second District Reverses Foreclosure Judgment

October 21, 2011 14:09

In Feltus v. U.S. Bank National Association (2D10-3727), the Second District reversed a summary judgment of foreclosure "because material issues of fact as to which entity holding the promissory note executed by Feltus existed at the time the trial court entered summary...

Information Learned As Counsel For Adversary In Case Precluded Adverse Representation In Different Case

Jeffrey Kuntz
September 21, 2011 16:19

In Frye v. Ironstone Bank (2D11-905), the Second District granted certiorari and held that the attorneys for the respondent were disqualified from representing the bank. The court's fourteen page opinion began: Mr. Frye for an alleged breach of a loan guaranty. The question presented is...

"Knowledge and Belief" Is Insufficient For Consideration At Summary Judgment Hearing

Jeffrey Kuntz
December 15, 2010 16:46

In Ballinger v. Bay Gulf Credit Union (2D09-4561), the Second District reversed a final judgment based upon the contents of the verified complaint.  Interestingly, the court found "no error in two of the issues raised by" the appellant.  However, concluded that "we must...

Order Requiring Production Of Software Source Code Quashed

Jeffrey Kuntz
December 08, 2010 17:13

In Revello Medical Management, Inc. v. Med-Data Infotech USA, Inc. (2D10-534), the Second District granted a petition for certiorari and quashed a trial court order requiring the production of software source code.  The court described the facts as follows:In simple terms, Med-Data claims...

Trial Court Has No Discretion To Stay Final Judgment Of Possession When Tenant Fails To Deposit Rent Payment

Jeffrey Kuntz
October 05, 2009 02:43

In Stetson Management Co., Inc., et. al v. Fiddler's Elbow, Inc. (2D08-4285 and 2D09-959), the Second District reversed the trial court and held: We agree with appellants that because the tenant, Fiddler's Elbow, did not timely deposit its monthly rent payment as required by court order, that...